Loading...
HomeMy WebLinkAboutSW6140902_Transfer Application_20210513May 13, 2021 NCDEQ Land Quality Section Attn: Mike Lawyer 225 Green Street, Suite 714 Fayetteville, NC 28301 RE: Storm Pond Transfer Application Package, Blackbridge Village, Hope Mills, North Carolina Mike; We are submitting the storm water permit transfer application package for Blackbridge Village. A pdf of the package has been emailed to you. The $505 application fee is also enclosed. I look forward to working with you on this project. If you have any questions or comments, please contact me at your earliest convenience. Sincerely, 4D Site Solutions Inc. Scott Brown, PE sbrown@4dsitesolutions.com Enclosure 64',I w/ eo tAwss t&'xj ?fo , 331 - 6330 65'12(ce1�� 409 Chicago Drive, Suite 112, Fayettevitte, NC 28306 office 1 910-426-6777 fax 1 910-426-5777 On time, every time. 1 www.4Dsitesolutions.corn Date Received Fee Paid Permit Number. VED NC DEQ Division of Energy, Mineral and Land Resources 13 STATE STORMWATER: MAY L) 2021 PERMIT TRANSFER APPLICATION FORM DEMLR Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference Witflyef %vine Redio al Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: http://deq.nc.pov/contact/repional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or . 3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president; • Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.10,40) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner, • Sole proprietor, • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION UEMLK USE ONLY Date Received Fee Paid Permit Number NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: http://deg.nc.gov/contact/regional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president; • Limited Liability Company (LLC) - the designated manager, (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner; • Sole proprietor, • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION State Stormwater Permit Number: S6140902 Project name: Blackbridge Village Subdivision Is this an updated project name from the current permit? ❑ Yes ® No Reason for the permit transfer request: Property is being transferred from the original developer to the HOA mro MAY 112021 DEMLR Fayetteville Regional Office Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) ® 1. Both the current and proposed permittees ❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G). In accordance with G. S. 143-214.7(c2,) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked. - El Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G. S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked. - El a. The proposed permittee is either (select one of the following): ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTS Please mark "Y' to confirm the items are included with this form. Please mark X" if previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the -propo__sed-permittee-is a_legal and _v_iable_entity_able to conduc# -__--business in North Carolina.) Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M agreement(s) from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as s_ - recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the-proposed-permittee is th-e sole_ -_claimant of the right to _--_e-nga9e_in thepermitted activity X 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. Y 7. copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new, owner shall_ provii-d_e_a_signed agreement_ to_submit final_recorded _deed restrictions_ and protective _ covenants _ - - - If transferring under G. S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. 10. A copy of the lease agreement if the proposed permittee is the lessee. 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. 12. A copy of the development agreement if the proposed permittee is the developer. Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: Caviness Land Development, Inc 2. Signing Official's Name: Watson Caviness 3. Signing Official's Title: President 4. Mailing Address: 639 Executive Place, Suite 400 City: Fayetteville State: NC ZIP: 28305 5. Street Address: 639 Executive Place. Suite 400 City: Fayetteville State: NC ZIP: 28305 6. Phone: (910) 481-0503 Email: watson cavinessandcates.com I, Watson Caviness , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) ® the most recent permit; ® the designer's certification for each SCM; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; ® the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ® a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be approved by the DEMLR unless and until the facility is in compliance with the permit. Signature: r Date: Zf 22�L0 F>: I, �acle��a a Notary Public for the State of , County of do hereby certify that N��� personally appeared before me this the i,�i,�= day of �c.c.e�c�c.�Cx . 20 ` S�) , and acknowledge the due executio r V Ily/jy Sea MY COMMISSION EXPIRES Nota My ment. Witness my hand and official seal, \N,\\N� Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018 E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: ® Property owner (Also complete Part F.) ® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) ,(Also complete Part F.) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. if the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. if the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co: permittees. if the development agreement Is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F'& G.) 2. Proposed permittee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: HOA i POA / UOA name: I& Ae-k wr-t ctt'w Ut L 40--" OLa p,4--S ❑ Sole Proprietor NJ 3. Proposed permittee contact information: Please be sure to provide.Email. a. Signing Official's Name: 9iZej b Signing Official's Title: O<<t• a 6wMc,4L kcroet.A..o1 c. Mailing Address: .-rR0 ►v1,a.yta -•,rt zts- i City: F;4ytT T f" 16L State: d. Street City: _ e. Phone: (9/q 45 �;-- 3-2b'? Email: State: .NC, ZIP -L--� L - - 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: �w'tH trA�7�er�J (-i 0�} W1A,,,.1�+re.n•s+.aT b. Contact Name: 7--R4DF69,0 JERo—j Title: mAwA4--,-� a, Mailing Address: _Z S-3- ,R<4ve-4wrta.. 1)r. Sk ka d. City: r-P y �I'1' 11-L.e State: A) L ZIP: zX--TO-3 e Phone: (94 y 7 3- 37a'7 Email`. A'40 cik. Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: Signing Official's Printed Name: Signing Official's Title: Mailing Address: City: Phone: (_) Email: State: ZIP : I, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreementicontract is cancelled or defaults. understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner my hand and official seal, (Notary Seal) Notary Signature My commission expires Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION TZ'm"s Z2.�or-oAD 3r.k,.Jt rn, I, ��ddl e. oN- rc4 hereby notify the DEMLR that I have acquired through sale, lease, development agreement, r other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): Q the most recent permit; ® the designer's certification for each SCM; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; past maintenance records from the previous permittee (where required); a copy of the most recent inspection report; ❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a "plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written "plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply,with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will (construct), operate and maintain the approved stormwater management system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. Signature: Date: fed / 2e,'L I, d, a Notary Public for the State of l rG County of Aa'L lL , do hereby certify t®q� D/iJQ personally appeared before me this the �� d, J,' ®� , 200 acknowledge the due execution of the forgoing instr ufbent. Witness my ttq and official seal, 0 NOS as .q'�d, Notary Signature My commission expires and Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 UtMLK.U5t UNLY " Date Received Fee Paid Permit Number NC DEQ Division of Energy, Mineral and Land Resources STATE e R PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: http-ll�nc govlcontactlreaional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the level of vice-president; • Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner, • Sole proprietor; • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. Vim 1, State Stormwater Permit Number: S6140902 2. Project name: Blackbrid a Village Subdivision Is this an updated project name from the current permit? ❑ Yes ® No 3. Reason for the permit transfer request: Property is being transferred from the original developer to the HOA RECEIVED MAY 1 % ZOZ1 DEMLR fayeiteviUe Regi®ne.i office Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) ® 1. Both the current and proposed permittees ❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G). In accordance with G. S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G. S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked. ❑ a. The proposed permittee is either (select one of the following): ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 Please mark "Y" to confirm the items are included with this form. Please mark "X" if previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars ($505.00) per G S 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M agreement(s) from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. X 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -.upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. 8. if transferring under G.S. 143-214.71c2) (i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. 9. If transferring under G.S. 743-2?4.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. 10. A copy of the lease agreement if the proposed permittee is the lessee. 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. 12. A copy of the development agreement if the proposed permittee is the developer. Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: Caviness Land Development Inc 2. Signing Official's Name: Watson Caviness 3. Signing Official's Title: President 4. Mailing Address: 639 Executive Place Suite 400 City: Fayetteville State: NC ZIP: 28305 5. Street Address: 639 Executive Place Suite 400 City: Fayetteville State: NC ZIP : 28305 6. Phone: (910) 481-0503 Email: watson cavinessandcates.com I, Watson Caviness , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) ® the most recent permit; ® the designer's certification for each SCM; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; ® the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ® a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be approved by the DEMLR unless and until the facility is in compliance with the permit. Signature: Date: a Notary Public for the State of 'Z County of — do hereby certify that personally appeared before me this the �iai. day of 20 i.Q and acknowledge the due Sea MY COMMISSION EXPIRES My U Witness my hand and official seal, Stormwater Permit Transfer Application Form Page 4 of 7 ApW 27, 2019 1. The proposed permittee is the: ® Property owner (Also complete Part F.) ® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F.) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: HOA / POA / UOA name: 13CAe- K (vr-r do -v UI ©wr+4,-4 /•�- i+ `i�a. Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. _ a. Signing Official's Name: 4H,0,n -g 140APAO b. Signing Official's Title: /°'1i0.*mWt,- -far- StO-f-KLMA t, 01 `-t o ow" . AS. --ar4 '�+•"�.�' c. Mailing Address: %.� sTc.wl +I A&Vf6A$—%j 7'0 ZSS"? I "i""'`'rtLc De..,T -k, 1G City: State: At ZIP: LP$43 d. Street Address: J41- 1 C' City: State: NC, ZIP: ZQC-36-5 e. Phone: Cj/9 4 5 Z-- 3 7 a 7 Email: t afb -C 0U4- .4...c S 4--r ko er, cow 4. if there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: w'�'H +e �wr.J �� iMa -ftW&S -I b. Contact Name: ',8iZo,--J Title: MAWA�--+� c. Mailing Address: 2---M 2 RAve-ovrcs. Dr- S"-'e )6 d. City: FPrY1I-Lf, State: 1V c,.- ZIP.. zc-3C3 e. Phone: yl 3- 376-7 Email: /A;;�D S®M'{'k`e .^°`a Ajoa, CZ%— Storrnwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: . Signing Official's Printed Name: Signing Official's Title: Mailing Address: City: State: ZIP: Phone: (_) Email: 1, , hereby certify that 1 currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, 1 acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner , County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature My commission expires Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION J2AD o2D t�jrow.�}� �nc­a c Ucli ehereby notify the DEMLR that I have acquired through sale, lease, development ag er ement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): 91 the most recent permit; the designer's certification for each SCM; any recorded deed restrictions, covenants, common areas, drainage easements or plats; �. the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; past maintenance records from the previous permittee (where required); a copy of the most recent inspection report; ❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a "plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written "plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and i acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will {construct), operate and maintain the approved stormwater management system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. Signature: R17— Date: i, d a Notary Public for the State of r!Z County of 1-1K 2 , do hereby certify Aqf b personally appeared before me this the �., 2 , and acknowledge the due execution of the forgoing instru4nt. Witness my ` and official seal, Notary Signature' My commission expires�'�U stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 511312021 North Carolina Secretary of State Search Results - Upload a PDF Filing - Order a Document Online - Add Entity to My Email Notification List - View Filings Non -Profit Corporation Legal Name Blackbridge Village Owners Association, Inc. Information Sosld: 1498616 Status: Current -Active O Date Formed: 2/17/2016 Citizenship: Domestic Annual Report Due Date: Registered Agent: Southeastern HOA Management, LLC Addresses Mailing 2557 Ravenhill Drive Ste 1-C Fayetteville, NC 28303 Reg Mailing 2557 Ravenhill Drive Ste 1-C Fayetteville, NC 28303 Officers Principal Office 2557 Ravenhill Drive Ste 1-C Fayetteville, NC 28303 MAY 112021 Reg Office 2557 Ravenhill Drive Ste 1-C Fayetteville, NC 28303 hftps://www.sosnc.gov/online services/search/Business_Registration_ResuIts 1/1 BK 10322 PG 0524 FILED ELECTRONICALLY CUMBERLAND COUNTY NC J. LEE WARREN, JR. MAY I3 2021 DEMLR j_eg• • • j FILED Jun 13, 2018 AT 01:37:28 PM BOOK 10322 START PAGE 0524 END PAGE 0526 INSTRUMENT # 17663 RECORDING $51.00 EXCISE TAX $0.00 NORTH CAROLINA SPECIAL WARRANTY DEED THIS FORM IS NOT A "NORTH CAROLINA BAR ASSOCIATION" FORM NO TITLE EXAMINATION BY PREPARER Parcel Identifier Nos. Excise Tax: $0.00 Prepared by: Richard A. Gait, PLLC, 2533 Raeford Road, Fayetteville, NC 28305 Return after recording to: Richard A. Galt, PLLC, 2533 Raeford Road, Fayetteville, NC 28305 Brief Description for the Index: w This Deed made this the I, day of June, 2018 by and between: GRANTOR CAVINESS LAND DEVELOPMENT, INC. a North Carolina Corporation Mailing Address: 639 Executive Place Fayetteville, NC 28305 GRANTEE BLACKBRIDGE VILLAGE OWNERS ASSOCIATION, INC., a North Carolina Non -Profit Corporation Mailing Address: 2401 Robeson Street Fayetteville, NC 28305 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WIT_-NESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Cumberland County, North Carolina and more particularly described as follows: FOR LEGAL DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. This conveyance Is subject to the provisions of that certain Declaration of Covenants, Conditions And Restrictions for Blackbrldge Village recorded in Book 9856, Page 520, Cumberland County, North Carolina Registry, as the same may have been amended or supplemented. The property hereinabove described was acquired by Grantor by instrument recorded in Book 9446, Page 304 A map showing the above -described property is recorded in Plat Book 137, Page 126 and Plat Book 141, Page 16. Alt or a portion of the property herein conveyed does not include the primary residence of a Grantor. Submitted electronically by "Richard A Galt PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Cumberland county Register of Deeds. BK 10322 PG 0525 TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that the Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: All valid and enforceable easements, restrictions, rights -of -way, conditions and matters of record; the lien of ad valorem tax for the current year which Grantee shall pay; matters which would be revealed by a current and accurate survey and inspection of the premises; and all other matters of record. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seat, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto aftixed by authority of its Board of Directors, effective the day and year first above written. CAVINESS LAND DEVELOPMENT, INC. By. Name:jtimelCL J"Ga Title: eev CORPORATE SEAL North Carolina Cumberland County I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Dated: June �&, 2018 Notary Public PrintedName: Notary Public My commission expires: Ally C014fmm"M EXPM 1?hi12G21 i BK 10322 PG 0526 EXHIBIT "A" LEGAL DESCRIPTION Tract One: BEING all of "LOW OAK COURT, 50' R/W", "BENCHMARK WAY, 50' R!W", CHERRY BEND LANE, 50' R/W" and "NARROW PINE COURT, 50' R/W", each as shown on the plat entitled /°BLACKBRIDGE VILLAGE SUBDIVISION PHASE ONE" recorded in Plat Bouk 137, Page 126, Cumberland County, North Carolina Registry, which plat is incorporated herein by reference and made a part hereof for greater certainty of description and location of said premises. Tract o: BEING all of "LOW OAK COURT, 50' R/W", "LONG LAKE DRIVE, 50' R/W" and "NARROW PINE COURT, 50' R/W", each as shown on the plat entitled `BLACKBRIDGE VILLAGE SUBDIVISION PHASE TWO" recorded in Plat Book 141, Page 16, Cumberland County, North Carolina Registry, which plat is incorporated herein by reference and made a part hereof for greater certainty of description and location of said premises. Tract Three: BEING all of Lot CA, containing 0.21 acres, as shown on the plat entitled `BLACKBRIDGE VILLAGE SUBDIVISION PHASE ONE" recorded in Plat Book 137, Page 126, Cumberland County, North Carolina Registry, which plat is incorporated herein by reference and made a part hereof for greater certainty of description and location of said premises. Tract Four• BEING all of Lot P1, containing 2.05 acres, as shown on the plat entitled "BLACKBRIDGE VILLAGE SUBDIVISION PHASE ONE" recorded in Plat Book 137, Page 126, Cumberland County, North Carolina Registry, which plat is incorporated herein by reference and made a part hereof for greater certainty of description and location of said premises. State Stormwater Permit Permit No. SW6140902 Caviness Land Development, Inc. Blackbridge Village Subdivision Town of Hope Mills in Cumberland County Designer's Certification MAY 19 20?1 DEMLR Fayetteville Regional Office IC. Scott Brown Civil Engineer as a duly registered in the State of North Carolina, having been authorized to observe periodically/` weekly/ full time) the construction of the project, T— Blaekbridge Village Subdivision (Project Name) for Caviness Land Development, Inc (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial =' compliance and intent of the approved plans and specifications. Noted deviations from approved plans and specification: Signature_ Registration Number 27452 Date July 7, 2020 SEAL { 027452 .t yCO'P T lY riJxsta�a:t%°��e } cc: NCDENR-DEMLR Regional Office Page 1 of 1 If RECEIVED MAY 1. 9 2.021 FILED CUMBERLAND COUNTY NC J. LEE WARREN, JR. R T FILED May 09, 2016 AT 10:44, 34 art BOOK STARTPAGE r PAGE INSTRUMENT # DEMLR RECORDING Fayetteville Regional Office EXCISE TAX L DECI,ARA,fION OF COVENANT'S, CONDITIONS AND RESTRICTIONS FOR BLACKBRIDGG VILLAGE: (A Residential Subdivision) Prepared by/return to: Rebecca F. Person Rebecca I'. Person, PLLC 2401 Robeson Street Fayetteville, NC 28305 09856 0520 0543 13545 $62, 00 (None) THIS DECL.ARAI'ION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this "Declaration") is made this the ZZin ( day of r'1ja C]�, s _ , 2016, by CAVINCSS LAND DEVELOPlvI1 N I', INC., a North Carolina corporation, hereinafter referred to as "Declarant", 1Nt'1'1'NLSSE-1'I.1: Declarant is the owner of certain property in the Rockfish Townshi1), Cumberland County, North Carolina shown on flats entitled: "BLACKBRIDGL VILLAGE SUBDIVISION" recorded in Plat Book I -:� , Pagc(s) .2,. , of the Cumberland County, NC, Registry (hereinafter "Blackbridge Village"). Blackbridge Village will be comprised of single family residential homes. Declarant desires to provide for the preservation of the valties and amenities and for the maintenance of the common area in Blackbridge Village and under a general plan or scheme of improvement desires to subject said property to the covenants, restrictions, casements, affirmative obligations, char4ps and liens hereinafter act forth, hereinafter referred to as the "Covenants" or the "Declaration", all of which is hereby declared to be for the benefit ofsaid property and each and every owner of any and all parts thercoC. Declarant deems it desirable, for the efficient ))reservation of the values and amenities in said community, to create in agency to which calf be delegated and assigned the power and authority of maintaining and administering the common properties, administering and enforcing: these covenants and restrictions and collecting anal disbursing all assessments and charges necessary Tor such maintenance, administration and enforcement. Blackbridge Village Owners Association, Inc. Is Incorporated under the laws of the State of North Carolina as a non-profit corporation and can exercise the functions aforesaid, which functions are hereinafter more holly set forth. NOW 'ri-ICREFORE, the Declarant declares that the real property depicted on the abovedescribed plats shall be held, transferred, sold, conveyed given, donated, Icas C1. C)CCIII)ted and used subject to the 0 RKO9856 POO52 t covenants, restrictions, conditions, easements, changes, assessments, affirmative obligations, and liens hereinafter set forth. This Declaration ind the affirmative and negative burdens of these covenants, shall touch and concern and run with the land herein referred to as the "Property." All rights and easements reserved by the Declarant hereunder shall also be reserved to the assignees and successors in interest of the Declarant. ARTICLE I DEFINITI NS Section i. "Association" shall mean and refer to Blackbridge Village Owners Association, Inc., a North Carolina non-profit corporation, its successors and assigns. Section 2. "Board" or "Board of Directors" shall mean those persons elected or appointed and acting collectively as the Board of Directors of the Association. Section 3. "Common Properties" or "Common Areas" shall mean and refer to: (a) "Infiltration basin" "Common Area," "Open Space and drainage easements affecting or benefiting the Property as shown on the Plat; (b) any landscaping or hardscaping within the common areas, including any sign & landscape easements as shown on the Plat; (c) any improvements constructed or as may be constructed within the common areas; and (d) any personal property acquired by the Association. All Common Area is to be devoted to and intended for the common use and enjoyment of the Owners, persons occupying dwelling places or accommodations of Owners on a guest or tenant basis, and visiting members (to the extent permitted by the Board of Directors of the Association) subject to the fee schedules and operating rules adopted by the Association; provided, however, that any lands which are leased by the Association for use as Common Area shall lose their character as Common Area upon the expiration of such Lease. Reference to Common Area in these covenants does not imply or guarantee that the Property affected by these covenants or any future section(s) of Blackbridge Village will have any Common Area. Section 4. "Common Expenses" shall mean and include: (a) All sums lawfully assessed by the Association against its members; (b) Expenses of administration, maintenance, repair, or replacement of the Common Area, including, without limitation, all labor, services, common utilities, materials, supplies, equipment, costs incurred in acquiring a Lot pursuant to a judicial sale, legal, accounting or managerial fees, and all expenses in connection with the Association's responsibilities under any stormwater management agreement (the "Stormwater Agreement") affecting the Property; (c) Expenses declared to be common expenses by the provisions of this Declaration or the Bylaws; (d) Hazard, liability, or such other insurance premiums as the Declaration or the Bylaws may require the association to purchase or as the Association may deem appropriate to purchase; 2 OX09856 P00522 (e) Ad valorem taxes and public assessment charges lawl►illy levied against Common Area; (f) The expense of the laintenance ofdrainage and utility easements and facilities located therein which are within the boundaries of'tllc Property; (fig) The expense of maintenance of any roads, streets, easements, landscaping, amenities, taxes or any other expense item associated with any Common Property not located on the Property but permitted to be used by the members of this Association by any adjoining landowner, association or other entity purstant to any cross -easement, cross access or other agreement by the Association with the adjoining land owner. (h) Payments into any escrow account required under any Stormwater Agreement, which may include funding of the escrow account prior to a transfer of maintenance and operation responsibilities from Declarant to Association; and (i) Any other expenses deterinincd by the hoard or approved by the nicillbers to be common expenses of the Association. Section 5. "Declarant" shall mean Caviness Land Development, Inc., a North Carolina corporation, its successors and assigns. Section 6. "Covenants" or "Declaration" shall mean this instrti111e11t a5 it may be from time to time amended, supplemented, modified or incorporated by reference. Section 7. "Lot" shall mean and refer to any numbered plot of land shown on the Plat or any plat of any additional phases of Black -bridge Village:, as such map or maps may be from time to tinge recorded, amended, or modif icd, excluding tiny infiltration basin. common area or open space. Secti n S. "Member" shall mean and refer to ever , person or entity entitled to membership in the Association. Section 9. "Owner" shall mean and refer to the owner as shown by the records in the Register of Deeds of Cumberland County, North Carolina, whether it be one or more persons, firms, associations, corporations, or other legal entities, including the Declarant, of fee title to any Lot depicted on the plait of Blackbridge Village, but, notwithstanding any applicable theory of a mortgage, shall not mean or refer to the mortgagee or holder of security deed, its successors or assigns, unless and until such mortgagee or holder of a security deed has acquired title pursuant to fot•eclosure or a proceeding or deed in lieu of foreclosure; nor shall the term "Owner" mean or refer to ally lessee or tenant of an Owner. Section 10. "Period of Declarant Control" means the period commencing, on the date hcreof and continuing until the earlier of December 331, 2016; or (ii) when Declarant lens voluntarily terminated its Declarant Rights hereunder in writing. Section 11. "Plat" or "Plats" shall refer to the following; Plat entitled ` BLACKBRIDGE VILLAGE SUBDIVISION" recorded in Plat Book Pagc(s)�of the Cumberland County, NC, Registry. OK09856 P00523 Section 12. "Property" or "Subdivision" shall mean and refer to the land as shown on the Plats. "Property" shall also include future sections of Blackbridge,Village as the- same maybe annexed pursuant to Article II below. ARTICLE II PROPERTY. UTILITIES, ¢AND RESERVED BJQHTa Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed, given, donated, Ieased and occupied subject to these covenants is defined as the Property above. Cation 2. Annexation of Additional Prop M. At any time prior to December 31, 2046, additional land may be annexed by the Declarant without the consent of the Members and therefore become subject to this Declaration by the recording by Declarant of a plat showing such property to be annexed and of a supplementary declaration extending the operation and effect of this Declaration to the property to be annexed. Any property annexed pursuant to this subsection may be annexed and subjected to this Declaration as one parcel or as several parcels at different times. The addition of such property pursuant to this section may increase the cumulative number of Lots within the Property and therefore, may alter the relative maximum voting strength of the various types of Members. Any Supplemental Declaration may contain such complementary additions and/or modifications of the covenants and restrictions contained in this Declaration, including, without limitation, different voting rights and different annual and special assessments for the Lots so annexed as Declarant, in its sole discretion, may deem necessary or appropriate to reflect the different character or use of the property added. A Supplemental Declaration annexing additional property need only be executed by the Declarant and, if applicable, by the owner of the property being annexed, and shall not require the joinder or consent of the Association or any of its Members. Sectiop 3. Special Declarant Rights. Declarant reserves the following special declarant rights for the entire Property during the period of Declarant control, (a) To complete any and all improvements indicated on the plats and plans; (b) To exercise any development right reserved in this Declaration; (c) To construct and maintain any sales office, signs advertising the Property or any property which may be added thereto, management office or model on any of the Lots or on any of the Common Area shown on the plat; (d) To use easements through the Common Area for the purpose of making improvements within the Property or any property added thereto; to enter upon the subdivision for access, including ingress and egress for both vehicles and pedestrians, to and from any public street; or to connect at Declarant's expense to any street, roadway walkway or other means of access located on the Common Area; (e) To create and add Lots, to alter the size of any Lot, combine or merge two or more Lots, to subdivide Lots or other Property into Common Property, to add Common Area, or to extend streets and utilities through Lots; (f) To appoint or remove any officer or member of the Association Board during the period of Declarant control; (g) To annex any adjacent property developed in conformity with this Declaration; (h) To transfer responsibility for any storm water detention ponds or other BMP's affecting the Property to the Association in accordance with any Stormwater Agreement; or (i) To remove any portion of the Properties then owned by the Declarant or the Association from the coverage of this Declaration, to the extent originally included in error or as a result of any changes whatsoever in the plans for Blackbridge Village subdivision, provided such withdrawal is not unequivocally contrary to the overall, uniform scheme of development for Blackbridge Village 4 OK09856 P00524 subdivision; and 0) To approve any supplemental declaration or other declaration of covenants, conditions or restrictions affecting any phase, sub -section ,or other portion of Blackbridge Village; without Declarant's review and consent, such 'stipplement *adefaration or other declaration of covenants, conditions or restrictions shall be voidable in the sole discretion of Declarant. Section 4. Utilities Re es rved by Declarant. (a) Declarant reserves the right to subject the Property to a contract with public utility provider(s) for the installation of overhead and/or underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and/or a continuing monthly payment to such public utility provider by the owner of each Lot. Declarant may devote any Lot or portion thereof, not already sold, for any construction and uses which it, in its discretion, deems necessary in order to provide the subdivision with utilities. Until December 31, 2046, Declarant reserves, for itself and its employees, agents, successors and assigns, an easement upon and a right of ingress, egress and regress on, over and under the Properties for the purposes of constructing and maintaining such roadways, water, sewer, gas, storm water, drainage and retention, telephone, cable televisions and electric and other utility facilities to the extent required by any applicable governmental entity or deemed by the Declarant to be necessary or convenient for the development, use and enjoyment of the Properties and the Common Area and the conduct of construction, sales and marketing activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil, relocate utility facilities within said easement and take any other similar action that its deems reasonably necessary or appropriate. After such action has been completed, Declarant shall grade and seed the affected property and otherwise restore the affected property to its original condition to the extent practicable, but shall not be required to replace any trees, bushes or shrubbery necessarily removed. Declarant shall give reasonable notice of its intent to take such action to each Owner whose Lot is affected. Section S. Utility Easements. Easements for installation and maintenance for utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation and maintenance of utilities, or which may change the direction or flow of drainage, or which may obstruct or retard the flow of water. Section 6. Easements fQr Governmental Access. An easement is hereby established over the Common Area and every Lot within the Properties for the benefit of applicable governmental agencies for installing, removing, and reading water meters, maintaining and replacing water and sewer facilities, and acting for other purposes consistent with public safety and welfare, including, without limitation, law enforcement, fire protection, garbage collection and the delivery of mail. ARTICLE III PROPERTY RIGHTS IN -THE COMMON AREA Section 1. Owners' Easement of Enjoyment in Common 4rea. Except as limited by the provisions of this Declaration, by the rules and regulations adopted by the Board of Directors of the Association, and any fees or charges established by the Board of Directors of the Association, every Owner shall have a right of easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title of every Lot. OK09856 P00525 Section 2. Delegation of Use. (a) Pam. The right and easement of enjoyment'ana£access-granted to every Owner by Section I of this Article may be exercised by members of the Owner's family who occupy the residence of the Owner within the Properties as their principal residence, (b) Tenants: Contract Purchasers. The right and easement of enjoyment and access granted to every Owner by Section 1 of this Article may be delegated by such Owner to his tenants or contract purchasers who occupy a residence within the Properties. (c) Guests. The right and easement of enjoyment and access granted to every Owner by Section I of this Article may be delegated to guests of such Owners, tenants or contract purchaser, subject to such rules and regulations as may be established by the Board of Directors. (d) Sus en i n of Rights. The rights of any delegate of an Owner shall be suspended by, upon and during suspension of such Owner's rights as provided in this Declaration. Additionally, the privilege granted to guests and tenants of Owners to use and enjoy the Common Areas, subject to the rules, regulations and fees, if any, established by the Association for such use, (other than ingress and egress) may be denied to or withdrawn from such guests or tenants by an affirmative vote of ninety percent (94%) of the votes cast at a meeting of the Association called for the purpose of voting on such denial or withdrawal. Section 3. Access Easement. Appurtenant to each Lot is an easement over the streets and roadways within the Properties for access, ingress and egress from and to public streets and an easement for pedestrian access, ingress and egress over sidewalks and walkways in the Common Area. Any such easement shall be upon such walkways, driveways or other ways as are designated by the Declarant and/or the Association and shall be subject to the terms of this Declaration. ctin 4. Title to Commgn 6Xea. The Declarant covenants for itself, its successors or assigns, that it shall convey to the Association by limited warranty deed the "Common Properties" or "Common Area" prior to or at the end of the period of Declarant control. All said parcels of land maybe conveyed to the Association subject to: (1) all restrictive covenants of record at that time, including but by no means limited to this Declaration; (2) all existing mortgages; (3) a reservation by the Declarant of the right to substitute or add new mortgages thereon; provided, however, that in no event shall the Association be obligated to assume the payment of principal or interest on any such mortgage; (4) easements reserved by the Declarant herein for special declarant rights; and (5) any Stormwater Agreement affecting the Property. cti n S. Extent of Owners' Easement. The rights and easements of enjoyment created hereby shall be subject to the following: (a) the right of the Association, in accordance with its Bylaws, to borrow money from the Declarant or any other lender for the purpose of improving and/or maintaining the Common Area and providing services authorized herein and in aid thereof to mortgage said properties; (b) the right of the Association to take such steps as are reasonably necessary to protect the above - described properties against foreclosure; (c) the right of the Association to suspend the rights and easements of enjoyment of any Owner, or any tenant or guest of any Owner, for any period during which the payment of any 6 assessment against any Lot owned by such Owner remains delinquent, and for any period not to exceed sixty (60) days for any infraction of its published rules and regulations, it being understood that any 'suspensibn for eithernonpayment of any assessment or a breach of the rules and regulations of the Association shall not constitute a waiver or discharge of the Owner's obligation to pay the assessment; (d) the right of the Association to charge reasonable admission and other fees for the use of any recreational facilities situated or constructed on the Common Area and to limit the use of such facilities to Owners who occupy a residence on the Properties and to their families, tenants and guest, as provided in this Article; (e) the right of the Declarant or the Association by its Board of Directors to dedicate or transfer to any public or private utility, utility easements on any part of the Common Area; and (f) the right of the Association to give, dedicate, sell or exchange all or any part of the Common Area, including leasehold interests, to any public agency, authority, public service district, or private concern for such other purposes and subject to such conditions as may be agreed to by the Members, provided that no such gift or sale or determination as to the purposes or as to the conditions thereof shall be effective unless such dedication, transfer and determination as to purposes and conditions shall be authorized by (i) the Declarant as long as it owns any portion of the Property and (H) the affirmative vote of three -fourths (3/4) of the votes cast at a duly called meeting of the Association, subject to the quorum requirements established herein and unless written notice of the meeting and of the proposed agreement and action thereunder is sent to every Member of the Association at least thirty (30) days prior to such meeting. A true copy of such resolution together with a certificate of the results of the vote taken thereon shall be made and acknowledged by an officer of the Association and such certificate shall be annexed to any instrument of dedication or transfer affecting the Common Area prior to the recording thereof. Nothing herein shall be deemed to prohibit the Board of Directors of the Association, without the consent of the Members, from granting easements over and across the Common Area to any public agency, authority or utility for the installation and maintenance of sewerage, utility (including cable television) or drainage facilities when, in the opinion of the Board, such easements are necessary for the convenient use and enjoyment of properties within Blackbridge Village. (g) the right of Declarant to use Common Area for promotional, sales, and similar purposes during the Period of Declarant Control; (h) the right of the Association to open the Common Area and, in particular, any recreational facilities constructed thereon, for use by non-members of the Association; (i) the right of the Association to expand or add to the Common Area and to improve, maintain and operate the Common Area; 0) the right of the Association to adopt, promulgate and enforce rules and regulations concerning the use of the Common Area; and (k) the special Declarant rights reserved herein. Section 6. Regulation and Maintenance of Common Area and Common Area Easements. It is the intent of the Declarant that the Common Area be preserved for the perpetual benefit of the Owners. HKO9856 POO$27 (a) Regulation of Common Area, The Association may adopt and promulgate rules and regulations governing the use of the Common'Area by Owners and their family, guests and invitees. No Owner or other permitted user shall use the Common Area or any portion thereof in violation of the rules and regulations contained in this Declaration or subsequently adopted by the Association. Without limiting the generality of the foregoing, except as specifically provided herein, no Owner or tenant, guest or invitee of an Owner shall, without specific prior written consent of the Association: (1) damage or waste the Common Area or improvements thereon or remove any trees or vegetation therefrom; (H) erect any gate, fence, structure or other improvement or thing on the Common Area; (iii) place any garbage receptacle, trash or debris on Common Area; (iv) fill or excavate any part of the Common Area; (v) landscape or plant vegetation on Common Area; or (vi) use the Common Area or any part thereof in a manner inconsistent with or in any way interfering with the rights of other Owners, (b) Rights and Responsibilities of the Lot Owners as to Common Area Basements. Each Owner of a Lot upon which a Common Area easement lies shall pay all property taxes and other assessments levied against his Lot, including that portion of such tax or assessment as is attributable to such Common Area easement. (c) Rights and Responsibilities of the Association, as to the Common Area The Association shall have the right and obligation to ensure that the Common Area is preserved for the perpetual benefit of the Owners, and, to that end, shall: (i) maintain the Common Area in its natural or improved state, as appropriate, and keep it free of impediments to its use by the Owners, subject to the provisions of this Declaration; (ii) procure and maintain adequate liability insurance covering the Association and its Members, Directors and officers, against any loss or damage suffered by any person, including the Owner of the Lot upon which Common Area lies, resulting from use of the Common Area, and adequate hazard insurance covering the real and personal property owned in fee by the Association; and (iii) pay all property taxes and other assessments levied against all Common Area owned in fee by the Association. (d) Declarant's and Association's Rigbt of Entry. The Declarant and the Association and the employees, agents, contractors and subcontractors of each, shall have a non-exclusive right and easement at all times to enter upon any portion of a Lot reserved or designated as a Common Area easement for the purposes of (i) installing and maintaining entrance signs, features, fencing and landscaping; and (ii) making such improvements to the Common Area; and (iii) maintaining the Common Area easement in its natural or improved state. ARTICLE 1V ARCHITECTURAL CONTROL Section 1. Architectural Approval. No residence or other building, and no fence, wall, utility yard, driveway, solar panel, swimming pool or other structure or improvement, regardless of size or purposes, whether attached to or detached from the main residence, shall be commenced, placed, erected or allowed to remain on any Lot, nor shall any addition to or exterior change or alteration thereto be made, unless and until building plans and specifications covering the same, showing the nature, kind, shape, height, size, materials, floor plans, exterior color schemes with paint samples, location and orientation on the Lot and approximate square footage, construction schedule, on -site sewage and water facilities, and such other information as the Declarant or the ARC (as hereinafter defined) shall require, including, if so required, OX09856 P00528 plans for the grading and landscaping of the Lot showing any changes proposed to be made in the elevation of surface contours of the land, have been submitted to and approved in writing by the Declarant or by an Architectural Review Committee ("ARC") composed. of three or more persons appointed by the Board of Directors of the Association and until a eopiof all such'plans and specifications, as finally approved by the Declarant have been lodged permanently with the Declarant or the ARC. The Declarant or ARC, as.the case may be, shall have the absolute and exclusive right to determine which builders may construct houses on Lots, the style and appearance of the dwellings, including, but not limited to flag staffs, fences, walls, buildings outbuildings, garages, storage sheds, mailboxes, lawn decorations, structures of any type or color thereof, grading, landscaping, patio covers and trellises, plans for off-street parking of vehicles and utility layout, and any other improvements to be built or constructed on any Lot. The Declarant or ARC, as the case may be, shall have the absolute and exclusive right to refuse to approve any such building plans and specifications and lot -grading and landscaping plans which are not suitable or desirable in its opinion for any reason, including purely aesthetic reasons connected with future development plans of the Declarant of said land or contiguous lands. In passing upon such building plans and specifications and lot -grading and landscaping plans, the Declarant or ARC may take into consideration the suitability and desirability of the proposed construction and of the materials of which the same are proposed to be built to the Lot upon which it proposes to erect the same, the quality of the proposed workmanship and materials, the harmony of external design with the surrounding neighborhood and existing structures therein, and the effect and appearance of such construction as viewed from neighboring properties. In the event the Declarant or ARC fails to approve or disapprove such building plans and specifications within thirty (30) days after the same have been submitted to it as required above, the approval of the Declarant or ARC shall be presumed and the provisions of this paragraph shall be deemed to have been complied with. Section 2. Rules and Regulations. The ARC may from time to time recommend to the Board, and the Board may, in its sole discretion, adopt, promulgate, amend and repeal rules and regulations interpreting and implementing the provisions of this Article, including adoption of detailed architectural guidelines and the imposition of a fee or charge for review of proposed improvements or modification. Section 3. Variances. The Board may, by the vote or written consent of a majority of the members thereof, allow reasonable variances as to the covenants, conditions or restrictions contained in this Declaration, on such terms and conditions as it shall require; provided, however, that all such variances shall be in keeping with the general plan for the improvement and development of the Property. Variances contained in plans that are inadvertently approved by the ARC as part of the proposed improvements shall not be considered as having been approved unless specifically approved by the Board in accordance with the provisions of this Section. ARTICLE V USE RESTRICTIONS Section . Business Use Prohibited. All Lots shall be used for residential purposes only and shall not be used for any business or commercial purposes, provided, however, that Declarant reserves the right to use any Lot and any improvement thereon owned by Declarant as a model home with sales office. Declarant, builders, real estate brokers, Owners and their agents may show lots and homes for sale or lease. Group family homes are prohibited. Section 2, Dwelling Size. No dwelling shall be erected or allowed to remain on any of the said Lots in Biackbridge Village which shall contain a heated -area living space of less than One Thousand Six Hundred [1,600) square feet. For two-story houses, the ground floor must contain at least Nine Hundred [900] square feet. Heated -area living space shall mean the ordinary living space in a house which is designed and constructed so as to be capable of being heated for regular living use in cold weather. In the computation 9 OK89856 P08529 of floor space, furnace room areas, garages, carports, and porches shall not be counted. Section 3. Building Type. No structure shaft be erected, altered, places or permitted to remain on any Lot other than one detached single-family dwelling not to exceed three stories in height and a private garage for not more than three cars and other outbuilding incidental to the residential use of the Lot. Such outbuilding erected, altered, placed or permitted shall be of the same quality, workmanship and material as the principal dwelling structure and will be erected and placed to the rear of the dwelling structure on the Lot. Section A. Setbacks. All structures shall comply with the Cumberland County ordinances with regard to all set -back requirements. When consistent with the zoning ordinances (or any variance granted), the building line set -back as provided for in this paragraph may be varied by as much as ten (10) percent with the express consent of Declarant, which said consent document need not be on record in the Office of the Register of Deeds, Cumberland County, North Carolina. Section 5. Walls. Fences and_Hedoes. All walls, fences, and hedges shall be controlled strictly for compliance with this Declaration and architectural standards established by the Declarant or the ARC. No wall, fence, or hedge shall be planted or erected closer to the street on which the house fronts than the rear corner of the house; provided, however, that for houses with screened porches, the fence may attach at either the front or back corner of the screened porch. For corner Lots, no wall, fence, or hedge shall be planted or erected closer to the side street than ten (10) feet from the corner of the house. No fence made of concrete block, chain link, wire, or what is commonly known as "chicken wire" shall be permitted anywhere on the Lot. No wall, fence, or hedge shall exceed six [6] feet in height. The design and materials of all fences shall be approved by the Declarant or the ARC prior to any construction pursuant to the approval requirements of Article V of this Declaration. Section 6. Accessory Structures. No trailer, tent, shack, garage, car port, metal awnings, metal utility sheds, barn or other building shall be placed, erected or allowed to remain on said property without the written consent of Declarant or the ARC. No structure of a temporary character shall be used as a residence temporarily, permanently or otherwise. Section 7. Main enance of Improvements. Each Owner shall maintain all improvements constructed upon such Owner's Lot to the standards of their original construction. Each Owner shall maintain in good condition and repair all improvements constructed upon such Owner's Lot, including, without limitation, the dwelling. Such maintenance obligations include keeping the exterior of all such improvements free of mold and mildew. No Owner shall change the exterior design or color of the dwelling on such Owner's Lot, including the roof thereof, except in compliance with Article V hereof. Section 8. Storage; Clothes Hanging. No Lot or Common Area shall be used for the storage of rubbish. No trash of any kind, whether household or yard debris, shall be placed or allowed to remain on any Lot, except in proper containers. Containers should only be placed by the street on the evening before the day trash is scheduled to be picked up. Each owner shall promptly remove the trash container from the street, in no case later than the evening of the day the trash was removed. Outside clothes handing devises are not permitted. Section 9. Nuisances. No noxious or offensive trade or activity shall be carried on upon any Lot or the 10 OX09856 P00530 Common Area nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood. Section IQ. Lawns. Each Lot shall be mainfained" is a nest condition by the Owner thereof. In this context, the word "Lot" shall include that portion of the property from the outside of the structure on the applicable Lot to the adjacent paved road surface. All Lots upon which a dwelling has been constructed ("Improved Lots") must have grass lawns. No gravel or similar type lawns are permitted. For Improved Lots, "neat" shall require, at a minimum, that the front yard of each Lot, and in the case of corner lots, the side of each Lot along the side abutting roadways, be sodded, be regularly cut and fertilized, and that mulched or pinestrawed areas be regularly re -mulched or re-pinestrawed and kept weeded so that its appearance is in harmony with the neighborhood. No Owner shall allow the grass on an Improved Lot to grow to a height in excess of six (6) inches, measured from the surface of the ground. For unimproved Lots, "neat" shall require that the Lot is maintained in a sightly condition, free of debris, rubbish, weeds and high grass and in a prudent and reasonable manner harmonious with that of the other Lots within the subdivision. Section 11. Failure to Maintain. If an Owner fails to maintain the Lot or the improvements thereof, the Association, after giving such Owner at least ten (10) days' written notice, shall be authorized to undertake such maintenance at the Owner's expense. By accepting title to his Lot, each Owner shall be deemed to grant access upon the Owner's Lot and dwelling for such purpose and such entry shall not constitute a trespass. If such maintenance is undertaken by the Association or Declarant, the charge therefor and all costs of enforcement and collection shall be secured by a lien against the Lot as provided in this Declaration. Section 12. Animals. The maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of any kind, regardless of number, shall be and is prohibited within any Lot, except the keeping of not more than two (2) orderly domestic pets (dogs or cats) shall be permitted; provided, however, that such pets are not kept or maintained for commercial purposes for breeding, and provided, further that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the Property. All pets shall be registered and inoculated as required by law. No dangerous dogs, including but not limited to, Pit Bulls, Rottweilers, Dobermans, Akitas, and Chows, shall be permitted on any Lot, unless the Lot Owner installs a six (6) foot privacy fence that complies with Section 5 above, and in addition installs a six (6) foot chain link fence at least ten (10) feet inside the perimeter of the privacy fence. The above -listed breeds of dog may not be exercised in the neighborhood, even if the dog is on a leash. Any of the above -listed breeds of dogs maybe removed at the sole discretion of the Declarant and/or the Association. All owners of the above -listed breeds must provide the Association with a current copy of liability insurance in the minimum amount of $1,000,000.00 Any dog house or dog containment structure or system must comply with the provisions of Section 5 above, be located to the rear of the principal dwelling structure, and must be located within twenty (20) feet of the rear of the main dwelling structure. Section 13. Vehiojtrg, F3¢agTrailers, No automobile or other mechanical repairs shall be conducted within a Lot other than in a garage or concealed from public view. No mechanically defective automobile, motor vehicle, mechanical machine, or machinery, shall be placed or allowed to remain on a Lot at any time except in a closed garage. No truck or vehicle used with eighteen wheels (such as a "tractor" or "semi") shall be permitted to be parked on the Properties except in the course of delivery, pick up, or discharge of a specific commercial duty. No vehicle in inoperable condition, no unlicensed vehicle, no recreational vehicle, no camper, no golf cart, no boat, and no jet ski or other watercraft may be parked on any street or on any Lot, unless kept inside a garage or behind an approved fence or otherwise concealed from public view. No parked vehicle shall be covered by a "car cover" or other similar covering unless kept inside a garage and I 8K09856 P0853I concealed from public view. No truck or vehicle, no camper, no golf cart, no boat, jet ski or other watercraft, and no trailer may be kept within the Common Area. For the purpose of the preceding sentences, the term "kept" shall mean present for either a period of more than ten (10) hours or overnight, whichever is less. In order to preserve the aesthetics of development, whether or not a boat, trailer, or vehicle of any type is adequately concealed from public view shall be determined by the Association in its sole discretion. The Association shall have the right to tow or remove any boat, trailer, recreation vehicle, camper, jet ski, watercraft, golf can or vehicle of any type which is parked within the Common Area or kept on any Lot in violation of this section, at the Owner's expense, and the Owner of each Lot, by acceptance of their deed, does grant to the Association such an easement, on, across, and upon their Lot as may be necessary to enforce the provisions set out in this section. Section 14, Mailboxes. Intentionally deleted Section 15. Signs. No sign of any character shall be displayed or placed upon any Lot except "For Sale" or "For Rent" signs, which signs may refer only to the particular premises on which displayed, shall not exceed two (2) square feet in size, shall not extend more than four (4) feet above the surface of the ground, shall be fastened only to a stake in the ground, and shall be limited to one (1) sign to a Lot. The Declarant may enter upon any Lot and summarily remove and destroy any signs which do not meet the provisions of this section. The Association may develop uniform sign standards and specifications to which all Owners must adhere. No sign of any kind shall be displayed in or on the Common Area without the prior written consent of the Association. Notwithstanding the foregoing, Declarant, and with the consent of and upon such conditions as Declarant, in its sole discretion, might impose, a builder or builders shall have the right to erect and maintain signs of any type and size on any Lot which it owns and on the Common Area, in connection with the development and sale of the Properties. Section 16. Antennae and Roof Structures. No radio or other electrical towers, aerials, antennae, dishes or other devices of any type for the reception or transmission of radio broadcasts or other means of communication shall be erected, constructed, placed of permitted to remain on any Lot or upon any improvements thereon. The Association shall be empowered to adopt rules governing the types of antennae that are permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to safety, location and maintenance of antennae. An antenna permissible pursuant to rules adopted by the Association may be installed only if it is approved by the Association pursuant to Article V hereof. Section 17. Basketball Goals. No basketball goals of any nature, whether stationary or portable, regulation size or otherwise, shall be allowed in the street or public right of way. Only portable basketball goals shall be allowed in side or front yards or driveways provided they are properly maintained in good repair and conditions. Permanently installed goals must be placed in the back yard. Unsightly basketball goals located in front and side years are subject to removal by the Association. Section 17, Above -Ground Pools. There shall be no above -ground swimming pools on any Lot. In - ground pools are permitted and must be surrounded by at least a four (4) foot fence. $getion l 8 Visual Obstructions at intersections of Streets. No objector thing which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways within the triangular area formed by the junction of street curb lines and a line connecting them at points twenty-five (25) feet from the junction of the street curb lines (or extension thereof) shall be placed, planted or permitted to remain on any corner Lots. Section 19. Water Retention Areas. The Association shall be responsible for maintaining the portions of the storm water drainage system which are within the Common Area, including the water quality and 12 OX09856 10532 quantity standards of the approved plans, to the extent required by law. A drainage easement is hereby dedicated to the Association for the purpose of maintaining the storm water system to meet water quality and quantity design standards of the approved plans and�any future governmental laws, rules or regulations. Each Owner of a Lot which borders a water retention area shall maintain any portion of that Owner's Lot lying with a retention area free of debris but shall not remove any wetlands species or do anything that would affect adversely water quality within the water retention area. Swimming and bathing in water retention areas are prohibited. Docks or other structures shall not be erected in water retention areas. Section.20. G=gees. Garage doors shall remain closed at all times except when necessary for ingress and egress. Section 21. Seasonal pr Holiday Decorations. Holiday decorations (e.g., Christmas trees and lights, pumpkins, Easter decorations) shall be removed from each Lot or residential dwelling within a reasonable period of time after such holiday passes. The Association has the sole discretion to determine what a reasonable period of time is for seasonal or holiday decoration to exist after the holiday or season passes and its determination shall be final. Section 22. Service Utilities, Fuel Tanks. Wood Pilos, TF soh. All service utilities, fuel tanks, wood piles and trash and garbage containers are to be enclosed within a fence, wall or plant screen of a type and size approved by the Declarant or the ARC, so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision or from any other residence within the subdivision. Section 23. Noise. Each Lot Owner covenants and agrees that he will control the noise level emanating from any activities on the lot at a reasonable level. The Lot Owner shall not allow the noise level to become a nuisance or to otherwise interfere with adjoining Owners' reasonable use of their lots. Sgctjon 24. Diligent Construction. Unless otherwise agreed by Declarant, or the ARC, all construction, landscaping or other work which has been commended on any Lot must be continued with reasonable diligence to completion. No partially completed building or other improvement shall be allowed to exist on any Lot, except during such reasonable period as is necessary for the completion of same. Sect/ n 25. Casually: Obligation to Re -construct or Raze. If any structure is significantly damaged or destroyed by fire or other casualty, then the Owner thereof shall promptly repair or rebuild said structure or shall promptly raze the damaged improvements and clear all debris from the Lot. If this Section is not complied with, then the Declarant (until the expiration of the Period of Declarant Control) and/or the Association shall have the right to raze the damaged improvements and clear all debris from the Lot and levy a special assessment to any such Owner for the cost thereof, which shall be a lien upon the Lot until paid in full. AR TICLE VI STORM)MATER RESPONSIBILITIES AND COVENANTS Section 1. Covenants. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW6140902, as issued by the Division of Water Quality under the Stormwater Management Regulations. The State of North Carolina is made a beneficiary of the covenants in this Article VII to the extent necessary to maintain compliance with the stormwater management permit. These covenants are to run with the land and be binding on all persons and parties 13 BK09856 P00533 claiming under them. The covenants pertaining to stormwater in this Article VI may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built -upon area per Lot is as listed below: Lot # BUA All Lots 4,000 sf This allotted amount includes any built -upon area constructed within the Lot property boundaries and that portion of the right of way between the front Lot line and the edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, and parking areas, but does not include raised, open wood decking or the water surface of swimming pools. Each Lot will maintain a 30 foot (30') wide vegetated buffer between all impervious areas and surface waters. All runoff from the built -upon areas on the Lot must drain into the permitted system. This may be accomplished through a variety of means, including roof drain gutters, which drain to the street, grading the Lot to drain toward the street, or grading perimeter swales to collect the Lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these measures. ;Section 2. Operation and Maintenance Agreement. The Stormwater Agreement for Blackbridge Village is attached hereto as Exhibit A and incorporated herein by this reference. ARTICLE VII MEMBERSHIP AND -1 ]2 IN THE ASSOCIATION Section 1. Membership, Every Owner, upon acquiring title to a Lot subject to assessment by the Association, shall be a member of the Association and shall remain a member until such time as his ownership of such Lot ceases for any reason, at which time his membership in the Association shall cease. Each Member shall pay the Assessments provided for in Article Vill when due and shall comply with the Association's decisions. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. Classes of Membership. The Association shall have two (2) classes of voting membership: (a) Class A Members. Every person, group of persons, or entity which is a record Owner of a fee interest in any Lot shall automatically be a Class A Member of the Association, except the Declarant during the Period of Declarant Control; provided, however, that any such person group of persons, or entity who or which hold such interest solely as security for the performance of an obligation shall not be a Member. Each Class A Member shall have one (1) vote with respect to each Lot owned by such Member, except as set forth in Section 3 below. In the event that more than one person, group of persons, or entity is the record Owner of a fee interest in any Lot, then the vote for the membership appurtenant to such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. In the event agreement is not reached, the vote attributable to such Lot shall not be cast. (b) Class B. Members. The Class B Member during the Period of Declarant Control shall be the Declarant. Declarant shall be entitled to nine (9) votes for each Lot is owns during the Period of Declarant Control. The Class B Membership shall cease and be converted to Class A 14 OX09856 PO0534 membership upon the expiration of the Period of Declarant Control, Section 3, Declarant'$ Voting Rights. Until the expiration of the Period of Declarant Control, Declarant shall be vested with the sole voting right of the Association on all matters, including, without limitation, election and removal of directors and officers of the Association. Section 4._ Comp-uition ofBoard. The Association shall be governed by a Board of Directors as provided for in the By -Laws of the Association. The Declarant shall have the right to appoint and remove all persons on the Board and to appoint and remove all officers of the Association during the Period of Declarant Control, Section S. Cumulative Voting Prohibited. Each Owner shall be entitled to as many votes as equals the number of votes he is ordinarily entitled to multiplied by the number of Directors to be elected, but may not cast all of such votes for any one (1) Director and must distribute them among the number to be voted for, and all votes must be cast in whole numbers and not fractions thereof. It is the intent of this Section to prohibit cumulative voting. Section b. Voting Rights Suspe sp inn. The right of any Class A Member to vote may be suspended by the Board of Directors of the Association for any period during which any assessment against that Class A Member remains unpaid or for any violation of the published rules and regulations of the Master Association. ARTICLE Vlll COVENANTS FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and personal Obligation of Assessments. Each Class A Owner of a Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges which are Common Expenses; (2) special assessments for extraordinary maintenance, capital improvements, or other extraordinary common charges or expenses; (3) special assessments for purchase, construction or reconstruction of improvements; and (4) to the appropriate governmental taxing authority, a pro rata share of assessments for public improvement to the Common Area if the Association shall default in payment thereof. Upon default by the Association in the payment to the governmental authority entitled thereto of any ad valorem taxes levied against the Common Area or assessments for public improvements to the Common Area, which default shall continue for a period of six months, each Owner shall become personally obligated to pay to the County Tax Assessor a portion of such taxes or assessments in an amount determined by dividing the total taxes and/or assessments due by the total number of lots or units in the Subdivision. If such sum is not paid by the Owner within 30 days following receipt of notice of the amount due, then such sum shall become a continuing lien on the lot of the then Owner(s), the Owner(s)' heirs, devisees, personal representatives and assigns, and the County Tax Assessor may either bring an action at law against the Owner personally obligated to pay the same or may elect to foreclose the lien against the property of the Owner. The Association shall also have the authority, through the Board of Directors, to establish, fix and levy a special assessment on any Lot to secure the liability of the Owner thereof to the Association arising From breach by such Owner of any of the provisions of this Declaration which breach shall require the expenditure of time and money or both, by the Association for repair or remedy. Each Class A Ownercovenants, for himself, his heirs, successors and assigns, to pay each assessment levied by the Association on the Lot described in such conveyance to him by the due date as established by the Board, and further covenants that if said assessment shall not be paid within thirty (30) days of the due date, the payment of such assessment shall be in default and the amount thereof become a lien upon said Owner's 15 BKO9856 P00585 Lot as provided herein and shall continue to be such lien until fully paid. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents of the subdivision; and, in particular, but not limited to, for the acquisition, improvement and maintenance of services, amenities and facilities, and for the use and enjoyment of the Common Area, including but not limited to, the cost of repairs, replacements and additions, the cost of labor, equipment, materials, management and supervision, the payment of taxes and public assessments assessed against the Common Area, the procurement and maintenance of insurance in accordance with this Declaration, the employment of counsel, accountants, managers, engineers, security personnel, and other professionals for the Association when necessary, the payment for maintenance and operation, under the Stormwater Agreement and for street lights; the payment of any assessments due pursuant to the Master Declaration; and such other needs as may arise. Section 3 Regular Assessments, Initial Contribution to Working Capital: Fine Assessments. Until December 31, 2016, the initial regular assessment shall be $150.00 annually based on the calendar year; such annual assessment for each Lot shall commence at the time of the first conveyance of an improved Lot (the "First Sale"), prorated on a calendar year basis. In addition, each Lot shall be assessed a onetime or initial contribution to working capital fee of $125.00 at the time of the closing of the First Sale. This one-time fee shall not be considered an advance of the regular or annual assessment. Beginning January 1, 2016 and during the Period of Declarant Control, the Board of Directors shall adopt an annual budget and fix the annual assessment. After the Period of Declarant Control expires, the Board of Directors shall adopt a proposed budget at least annually. Within 30 days after adoption of the proposed budget, the Board of Directors shall send a copy of the proposed budget and shall give written notice to the Members of a meeting of the Members to consider ratification of the budget, such meeting to be held not sooner than 10 days nor more than 60 days after the mailing of such notice. Such meeting may, but need not be, combined with the annual meeting of the Members. There shall be no requirement that a quorum be present in order to vote on ratification of the budget. The budget shall be deemed ratified unless at that meeting Members having a majority of the votes of the entire membership vote to reject the budget. Notwithstanding the forgoing, if the budget provides for annual assessments not greater than 10% larger than the assessment in effect for the immediately preceding year, such budget shall be deemed ratified unless Members having at least 80% of the votes of the entire membership vote to reject the budget. If the proposed budget is rejected, the budget last ratified by the Members shall be continued until such time as the Members ratify a subsequent budget proposed by the Board. Any annual assessment ratified by the Members shall continue thereafter from year to year as the annual assessment until changed by the Board and ratified by Members as set forth herein. In addition, the Board of Directors, or any adjudicatory panel established by the Board, may levy a reasonable Fine Assessment as a fine or penalty for violation of this Declaration. In addition, the Board may enact additional fees for late payments, fees for providing written assessment certificates setting forth all current and delinquent assessment charges, and fees to transfer ownership of a Lot upon the Association's records. Section 4. SRecial Assessments far Capital Improvements. In addition to the regular and fee assessments authorized above, the Board may levy, in any assessment, year, a special assessment for the purpose of defraying, in whole or in part the cost of any construction, reconstruction, restoration, repair or replacement of a capital improvement upon the Common Area, any extraordinary maintenance or other expense, including fixtures and personal property related thereto and any property for which the Association is responsible provided that any such assessment shall have the assent of Members as provided in Section 3 above. 16 M H M, Section 5. Replacement Reserve. Out of the Common Expenses assessment, the Board may create and maintain a reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Area which the Association may beQbtigated to maintain. Section 6. Individual Asses§meat. In the event that the need for maintenance, repair or replacement of any improvement on the Property, for which the Association has the maintenance, repair and/or replacement obligation, is caused through the willful or negligent act of an Owner, his family, his pet(s), his tenant or his guest, the cost of such maintenance, repairs or replacements shall be paid by such Owner. The Board shall have the maintenance, repair, or replacement done, and the cost thereof shall be provided by the Board to said Owner and shall be paid by said Owner within thirty (30) days thereafter, unless an earlier date is otherwise set forth therein. Section 7. pate of Commencement of Annual Assessmentst Due Dates. Annual assessments shall not commence until the First Sale as set forth in Section 3(b) above. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. Section 8. Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within ten (10) days after the due date shall be delinquent, in default and shall incur such late charge as the Board of Directors may from time to time establish, and if not paid within thirty (30) days after the due date, shall also bear interest from the due date at the rate of eighteen percent (18%) per annum or at such other reasonable rate set by the Association in its minutes, not to exceed the highest rate then permitted by North Carolina law. The Association may bring an action at law or in equity against the Owner personally obligated to pay the same plus interest, costs, late payment charges and reasonable attorneys' fees, and/or foreclose the lien against the Lot for which such assessment is due. Interest, late payment charges, reasonable attorneys' fees and the costs of such action or foreclosure shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. The lien herein granted unto the Association shall be enforceable pursuant to Chapter 47F of the Planned Community Act of North Carolina ("PCA") from and after the time of recording a Claim of Lien in the Office of the Clerk of Superior Court in the County in which the Lot is located in the manner provided therefore by the PCA, which claim shall state the description of the Lot encumbered thereby, the name of the record owner, the amount due and date when due. The claim of lien shall be recordable anytime after thirty (30) days after the due date of the assessment or any installment thereof and the lien shall continue in effect until all sums secured by said lien as herein provided shall have been fully paid. Such claims of lien shall include all assessments which are due and payable when the claim of lien is recorded, plus interest, costs, attorneys' fees, advances to pay taxes and prior encumbrances and interest thereon, all as above provided. Such claims of lien shall be signed by an officer or agent of the Association. In any foreclosure action, the Association shall be entitled to become a purchaser at the foreclosure sale. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of record. Section 9. Subordination of the Lien to Mort9gages, The lien of the assessments provided for herein shall be subordinate to the lien of any institutional first mortgage on said Lot. Sale or transfer of any Lot shall not affect the assessment Iien; however, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer, but shall not abate the personal obligation of the prior owner. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10, Exempt Property. Any property dedicated to, and accepted by, a public authority and any 17 BK'09856 P00537 property owned by the Association shall be exempt from the assessments created herein. Notwithstanding the foregoing, no land or improvements devoted to dwelling use shall be exempt from said assessments. Section IL Miseellan�us. (a) An Owner has the sole responsibility of keeping the Association informed of the Owner's current address if different from the Lot owned. Otherwise, notice sent by the Association to the Lot is sufficient for any notice requirement under this Declaration. (b) The lien under this Article arises automatically and no notice of lien need be recorded to make the lien effective. (c) Any assessment otherwise payable in installments shall become immediately due and payable in full without notice upon default in the payment of any installment. The acceleration shall be at the discretion of the Board. (d) The Association shall have the right in its discretion to contract with a professional property management agency for the purposes of managing its affairs on behalf of the subdivision. ARTICLE IX RIGHTS AND RESPONSIBILITIEa QE ME ASSO9I61ION Section I. Responsibilities. The Association shall be responsible for the following services: (a) Exclusive management, control, and maintenance of the Common Area and shall keep the Common Area in good, clean and proper condition, order and repair, whether or not title to such Common Area has been formally conveyed to the Association; including, without limitation, streets and roadways, landscaping, recreation area, storm water structural controls and BMPs under the Stormwater Agreement, wet detention basins and other facilities located on the Common Area; (b) Payment of all costs, charges and expenses incurred in connection with the operation, administration and management of the Common Area and the performance of the services necessary or desirable in the judgment of the Board of Directors of the Association to carry out the Association's obligations and business under the terms of this Declaration; (c) Taking any and all actions necessary to enforce all covenants and restrictions affecting the Property, and to perform any of the functions or services delegated to the Association in any covenants or restrictions applicable to the Property, including but not limited to fining Owners for violating some or for not properly maintaining their Lot; (d) Constructing improvements on Common Area for use for any of the purposes or as may be required to provide the services as authorized in this Article; (e) Provision of administrative services including but not limited to insurance, legal, accounting and financial, and communication services informing Owners of activities, notice of meetings, referendums, etc., incident to the above -listed services, and payment of taxes and other expenses; and (f) Any other services necessary to perform its obligations hereunder. 18 BK09856 P00538 The powers of the Association shall be construed liberally and shall include, without limitation, all of the powers set forth in Section 47F-3-102 of the Planned Community Act. In the event the Association is unable or unwilling to perform any of the services listed above in a manner satisfactory to the Declarant, the Declarant shall be and hereby is authorized to perform such services, at the Association's expense, as long as such expenses are reasonable and necessary to carry out the Declaranfs obligations under this. Declaration; provided, however, that the Association shall not be obligated to take action to enforce any covenant, restriction or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent with applicable law, or in any case in which the Hoard reasonably determines that the Association's position is not strong enough to justify taking enforcement actions. Any such determination shall not be construed as a waiver of the right to enforce such provisions under other circumstances or to estop the Association from enforcing any other covenant, restriction or rule. aection 2,_Manager. The Association may employ and pay for the services of person or entity, including the Declarant (the "Manager") to assist the Association in managing its affairs and carrying out its responsibilities hereunder and such other persons or entities, including attorneys and accountants, as the Association deems necessary or advisable, whether such persons or entities are engaged, furnished or employed by the Manager or directly by the Association. The Association may enter into a Management Agreement for such management services upon such terms as the Board of Directors may deem appropriate. The payment of management fees due to the Declarant may, at Declarant's option, be deferred until such later date as Declarant, in its sole discretion, deems appropriate. Furthermore, any management fees due to Declarant may, at Declarant's option, be credited against any assessments due or to be coming due from Declarant. Section 3. Mortgage and Pledge. The Board of Directors of the Association shall have the power and authority, to borrow money for use by the Association and to mortgage the property of the Association and to pledge the revenues of the Association as security for such loans made to the Association which loans shall be used by the Association in performing its authorized functions. The Declarant may, but shall not be obligated to, make loans to the Association, subject to approval by the Declarant of the use to which such loan proceeds will be put and the method by which such loans will be repaid and subject to a maximum of loan amount approved by the Declarant, at interest rates acceptable to the Declarant. Notwithstanding anything in this Declaration to the contrary, the Association shall not be allowed to reduce the limits of the minimum regular annual assessment at any time there is outstanding any amounts due the Declarant as repayment of any loans made by the Declarant to the Association. ARTICLE X DURATION AND AMENDMENT The covenants and restrictions of this Declaration shalt run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, the Declarant or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a period of twenty- five (25) years from the date this Declaration is recorded. Upon the expiration of said twenty -five-year period this Declaration shall be automatically renewed and extended for successive ten-year periods unless terminated or amended by a vote of the Owners. During the Period of Declarant Control, this Declaration may be amended by the Declarant, without the consent or joinder of any other Owner or the Association. Any such amendment shall be effective upon recording of same in the applicable public registry for Cumberland County, North Carolina. Otherwise, this Declaration maybe amended asset forth in N.C.G.S. §47F-2-117 except that neither the Association nor the Owners may amend this Article IX to diminish or remove Declarant's powers hereunder. ARTICLE XI 19 OK09856 P60539 ENFORCEMENT, SEVERABILITY AND INTERPRETATION Section 1. Means onforcement. Enforcement of these Covenants shall be by any proceeding at law or in equity, whether it be to restrain violation or to recover damages or to create any lien created by these Covenants. Section 2. SeverabiliW. Should any covenant or restriction herein contained, or any Article, Section, paragraph, sentence, clause, phrase or term in this Declaration be declared to be void, invalid, illegal, or unenforceable for any reason by the adjudication of any court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no wise affect the other provisions hereof which are hereby declared to be severable and which shall remain in full force and effect. Section 2. Interpretation. In all cases, the provisions of this Declaration shall be given that interpretation of construction which will best result in the consummation of the general plan of development of the Property. The provisions of these Covenants shall be given full force and effect notwithstanding the existence of any zoning or similar ordinance which allows a less restricted use of the Property. Section 4. Authorized A,�,ctiog. All action which the Association is allowed to take underthis instrument shall be authorized actions of the Association if approved by the Board of Directors of the Association in the manner provided for in the By -Laws of the Association, unless the terms of this instrument provide otherwise. Section S. Tresaass. Whenever the Association, and/or the Declarant are permitted by these Covenants to correct, repair, clean, preserve, clear out or do any action on any property or on the easement areas adjacent thereto, entering the property and taking such action shall not be deemed a trespass. Section 6. Conflict. In the event of any conflict between the provisions of this Declaration and any applicable provisions of the Cumberland County Code of Ordinances, the provisions of the Cumberland County Code of Ordinances shall control. IN WITNESS WHEREOF, Declarant has caused this instrument to be executed the day and year first above written. [SIGNATURES CONTINUED ON NEXT PAGE] 20 OX09656 P0Q540 CAVINESS LAND DEVELOPMENT, INC. r By: Name: Watson G. Caviness Title: President STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND I certify that the following person(s) personally appeared before me this day and acknowledged to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Name of Principal: Watson G. Caviness My commission expires:Vezge. 'r 440M, 2 / Notary Public Printed or Typed Name of Notary Public rrtgll l rt,t+fr j• �q�,,r OOr (A Ix no1314 deal) +.. A . x aLIC , w r` (NIP, Sr" BX a 9 8 5 6 PO 0 5 4 I Permit Number: -5 W 6 1+ 09 02 (to be provided by DIVO I i< i t 16 l 1 t� [drainage Area Number:_ ;Infiltration Basin Operation and Maintenance Agreement, I will keep a maintenance record on this BMP. This maintenance record will be kept in a lob in a known set location. Any deficient MOP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — The drainage area will be carefully managed to reduce the sediment load to the infiltration basal. -- Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). -- No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. — Tlne vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. iiMP element: Potential roblem: Maiv 1 will retnediate the roblem: The entire BMP Trash/debris is resent. Remove the trash debris. The perimeter of the Areas of bare soil and/or Rebrade the soil if necessary to infiltration basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer a lication. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the swale a licable . sediment off -site.. The pipe is cracked or Replace the pipe. otherwise damaged (if a livable . Erosion is occurring in the Regrade the stvale if necessary to sivale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problenis with erosion. Dorm S1 40I-infiltration Basin O&M-Rev.3 Pa,,e 1 of 3 OK09856 P0054,2 BMP element: Potentialproblem: How I will rmmediate the roblemr The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth, possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. protection such as reinforced turf matting or riprap if needed to revent future erosion problem. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a Iocation where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediate! . Water is standing more than Replace the top few inches of filter 5 days after a storm event, media and see if this corrects the standing water problem. If so, rvegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are Remove the plants by hand or by growing in the main wiping them with pesticide (do not treatment area. spray). The embankment Shrubs or trees have started Remove shrubs or trees to Eow on the embankment. immediately. An annual inspection by an Make all needed repaim appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or re lace the outlet device. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733.1786. Form SW401-Infiltration Basin O&M-Rev.3 Page 2 of 3 Permit Number: S W� tt� O C1 t} 0o ba provides! hjl D111Q) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changers to the system or responsible party. Prgject name: I3lackbrid e Village Subdivision BAIP drainage ai-ea number:_] 1 Print name: Caviness Land Develo nment. Inc.- Watson Coviness. President Title: Owner Address: 639 Executive Place. Suite 400. )+avetteville NC. 28305 Phone: Signature: Date: 5 Note: The legally responsible parry should not be a homeo%vuers association unless more than SO% of the lots have been sold and a resident ofthe subdivision has been narned the president. I,�t hG 0% r-2. rht'../D . a Notary Public for the State of A6P ALfig, , County of L r� �t do hereby certify that __ Gi/Q.7 FO/t/ &IiAlE 9 personally appeared before me tltis�d day of f hf. , 4o/6 , and acknowledge the due eXecution Of tile forgoing infiltration basin maintenance requirements. Witness my hand and official seal, ,`1155k1111 ttit It/t r IC -6 r`I jf!!!klt555t1�'t' SEAL Form SW401-Infiltration Basin O&M-itcv.3 ....... _.............._.............. Page 3 o f 3